Isokrates
2021-03-28 21:05:33
- #1
There is nothing you can do since the construction obligation is within two years after purchase – and that only ends in November.
But that probably shouldn't be the case. As an owner, you do not have to tolerate such an intervention on your property for such long periods. Especially not when there has been a standstill for months.
The problem is that we are more or less responsible for the construction delay ourselves due to the preliminary injunction.
Here, too, a judge will probably not determine that you are responsible for the delay.
As I would summarize the situation, the middle house was poorly planned and you would have suffered even greater damage if you had not applied for the preliminary injunction.
The standard procedure here would be to set a reasonable deadline for the neighbor to remove the disturbance to your property and refer to § 1004 of the Building Code. If necessary, you can also assert claims for damages under §§ 823 and 249 of the Building Code.
that only ends in November.
I would definitely not wait for this, because this creates dependence on the authorities having to take action, and they usually act very slowly.
Of course, I also understand that this situation is extremely unfortunate for you and that further legal steps can again be stressful and time-consuming.
However, I see that you will not be able to use your garden for a long time otherwise.
After everything you have had to endure with this municipality and this neighbor, I really wish from the bottom of my heart that you can at least finish designing and enjoy your domain.